VANTEDDUVENKATESHWARA RAO Vs. GODAVARTHI SUBHADRAMMA

JUDGEMENT

(1.) Defendants in O.S.No.46 of 1994, on the file of the Senior Civil Judge, Tadepalligudem, are the appellants.

(2.) The 1st respondent filed the suit, pleading that her husband, late Suryanarayana, purchased the suit schedule premises, through sale deed dated 15.3.1948, and thereafter, executed a settlement deed dated 19.8.1966, marked as Ex.A-1, creating life interest in her, and thereafter, in favour of her son, by name Gopalam, and the vested remainder, in favour of male children of said Gopalam. According to her, the premises were leased to the father of the appellants, by name Someswara Rao in the year 1963, and after execution of Ex.A-2, the tenancy stood attorned to her. Someswara Rao is said to have executed a lease deed for a period of 11 months, in favour of the 1st respondent, on 5.1.1968, marked as Ex.A-3. Reference was made to the fact that late Suryanarayana borrowed certain amounts from Someswara Rao and repaid the same. It was alleged that Someswara Rao failed to pay the rents from December 1977 onwards, and-in spite of issuance of notice, marked as Ex.A-6, neither the premises were vacated, nor the rent was paid. She prayed for eviction of appellants and recovery of arrears of rents.

(3.) On behalf of the appellants, a written statement was filed, disputing the contents of the plaint. It was pleaded that the 1st respondent had already filed RCC No.5 of 1990, before the Rent Controller, Tadepalligudem, and that the suit is not maintainable. It was alleged that only a vacant site was leased, and that the constructions were brought about, at a later point of time, by the appellants themselves. An oral sale of the suit schedule premises was also pleaded. In the alternative, it was alleged that the lease was fur an indefinite period, and that they cannot be evicted. It was also alleged that notice, as required under Section 106 of the Transfer of Property Act, for short "the Act", did not precede the filing of the suit. They have also taken the plea that they have perfected the title by adverse possession.